New bike issues, opinions on dealer request….

I've been a service manager and service writer.

$20K bike with 500 miles leaking fluid we're not putting the thing on the back burner and letting the customer deal with it directly with the OEM.

They're our customers too and it's part of a dealers job to communicate and advocate for the customer.

Being told no ETA and no further follow thru is shitty customer service. This isn't rocket science.

The only thing he might have done "wrong"? Is he should have escalated the situation when told no ETA on B/O with the dealer first.

For the record I've asked customers to call OEMs before as they do have more pull than a dealer. So his KTM dealer could have at least advised him on that instead of the guy having to come to the internet for answers.

 

Yup, sometimes the dealer and the customer need to work together to get the OEM to do the right thing.

 

Wait guys Mongo will be right back to tell you you're both wrong.

 

My approach as the consumer is/would be
Service Mgr. do you have a b/o release date from KTM?
Parts Mgr., can you bug/stress to your parts liaison WTF this guy needs to ride asap?
GM/owner my new bike is stuck in the back can you call your regional please asap? Ask the regional if he has a demo/press bike at his location and hence get the shock off of it.
Wait 2-3 days and make a call to the dealer to get an update No answers?
Hello 800 KTM I need an update on my warranty issue asap, bike serial # is this. Get the name of said person and the name of their boss.
Wait 1 to 2 days and if no answer call KTM again. Bug the peeps you spoke to, and ask do you have an update for me? No then can you pull a shock off one of the press bikes and ship to my dealer? No can you airfreight one from Austria asap?
If you're leaving VMs and not getting answers? Then keep calling and bugging the receptionist, that usual gets results quick.
Now you have helped the dealer do everything imo that they could, but they should be doing this without you asking right?
Then call the BBB to stir the pot and or play the lemon law card with KTM
I ran the Pirelli moto call center for many years and I do know how to get redemption BTW. And I have some great stories too!

 

The BBB? Do you think they really still have any power or influence? Now you want to play the lemon law card also? But I thought it was only a leaky shock...

 

Alan I just showed you the path and it starts at the dealer. What pissed me off was most of you guys went directly to the lemon law first without caring or knowing the process, Ok?
In regards to the BBB it sometimes helps get results but it's complicated.

 

I can assure you I know and deal with the process on regular basis. You brought up franchise agreements which has nothing to do with the situation. I'm simply pointing out that you are not as well versed in this type of situation as you believe you are. You posted that it sounded like the dealer is the problem and Lemon law for a leaky shock, wtf.

Now I don't disagree with the approach that you posted besides the BBB which would just be a waste of time.

 

Ok you work in the powersports industry cool? Where?
Again if the franchise dealer doesn't practice due diligence for their customer its the OEMs fault?

 

I like to YELP... it helps

 

Why do you need a Lemon Law?

1. If the bike is dealer-financed, refuse to pay.
2. Tell the dealer that you just paid him good money
for a vehicle that you can't ride because it is defective
and is now sitting in his shop instead of your driveway
and demand that he either keep it and return your
money or give you a bike that is in usable condition.

Point out the fact that getting lawyers involved will
very quickly eat up any profit he made on the sale
along with the profits from a bunch of other sales,
not to mention the sales he won't make after you tell
everyone possible about the bad experience you had
with his business.

U.C.C. - ARTICLE 2 - SALES
§ 2-315. Implied Warranty:
Fitness for Particular Purpose.
Where the seller at the time of contracting has reason
to know any particular purpose for which the goods
are required and that the buyer is relying on the seller's
skill or judgment to select or furnish suitable goods,
there is unless excluded or modified under the next
section an implied warranty that the goods shall be fit
for such purpose.

Whether or not the problem is the fault of the dealer or
the manufacturer, it is not your fault and should not be
your problem. You didn't pay them good money so the
bike could sit at the dealer, you paid for a bike you can
ride. When you have a business, sometimes shit happens
that screws up the deal and it costs you money instead
of making you money and you have to eat the loss. That's
just one of the costs of doing business.
You are the customer, you should not be the one eating
the loss, and paying for a motorcycle that is not fit for the
purpose for which you bought it and not having it available
to ride is you eating the loss. You don't have your money
and you don't have a bike through no fault of your own.

 

This is absolute terrible and uninformed advice. The customer will have a bike that they can't use and it will wreck their credit. The Lemon Law is designed to and does protect the consumer.

 

I'm beginning to better understand why this comes in the KTM tool kit.

 

Not if it doesn't apply to motorcycles.
And it won't affect their credit if the funds are held in escrow.
You seem to have missed the point of most of the post, selling
an item that is not fit for the purpose for which it was purchased
is a breach of contract and you don't need a lemon law to assert
your rights. A motorcycle that you can't ride because it is defective
might as well be a toaster oven.

 

Make the dealer suffer for a mistake that was made by the manufacturer? Seems totally reasonable.

 

Not his effing problem. Let the dealer and the manufacturer settle it between themselves.

 

We are talking about a motorcycle and it does apply to the motorcycle in the state of MD where this is happening. Funds are not held in escrow. The vehicle has a warranty and the warranty is taking care of the issue. I'm not saying don't use a lawyer but the time that it would take to get resolved your credit would already be destoyed by not paying the bill.

Anyway it sounds like its being resolved anyway.

 

My apologies. My post was directed toward our payment withholding, lemon law loving, BBB reporting, "I know my rights" forum wizards.

 

Yeah, payment witholding is not a good idea and will not end well.